Rearended by a rental car

by Ricardo

We live in (MA) and Two weeks ago my wife got rearended by a rental car are state(RI) and the driver was from (CA). The rental car Ins.Comp. told my wife that the driver Ins. is responsable to pay are car, but we are trying to contact the driver and he is no getting back to us. The rental car Ins. is having the same problem. We don't have his Ins.

Info. and are Ins. Doesn't cover colision. What should we do? My wife can't drive her car and we had to rent one. Are we going to get payd for that?


Answer:

This is an interesting situation. The insurance company is only 50% correct. They are not negligent to you unless that party does not have insurance.

They had to verify insurance information when the loaned the vehicle (rented the vehicle). If the did not, then in essence, they are the responsible party who has to pay damages to third parties.

Please know that from experience, these claims get somewhat complex because many factors and people come into play. There is the driver that hit you and his insurance (if any), then there is the rental company, their representatives, their insurance company and their adjuster.

If the rental company does not resolve the matter soon, then you need to either hire a lawyer or send them a letter explaining that you need the other drivers information and that since they are the owner of the car, who lend the car out without insurance verification, you are going to hold them liable.

Also inform them that you have a duty to mitigate your damages, read more about that here:

http://www.auto-insurance-claim-advice.com/Mitigation-of-Damages.html

and that either they pay for your damages, or you are going to have to put you in a rental so you can make it to work and back.

Again, this is a difficult situation to be on, but just keep on top of the rental company. They will have to release the documents to find their client and/or insurance company.

Good Luck
http://www.auto-insurance-claim-advice.com